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Kearney v. BP America Production Company, 1:19-cv-1117-TFM-MU-C (2020)

Court: District Court, S.D. Alabama Number: infdco20200228c94 Visitors: 10
Filed: Feb. 27, 2020
Latest Update: Feb. 27, 2020
Summary: ORDER TERRY F. MOORER , District Judge . Pending before the Court is the parties' Stipulation of Dismissal With Prejudice, filed February 27, 2020, in which the parties jointly agree to dismiss all claims against Defendants with prejudice, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), with each party to bear its own costs. Doc. 14. The Rules of Civil Procedure permit a plaintiff to voluntarily dismiss the action without an order of the court "by filing a notice of dismissal before the opp
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ORDER

Pending before the Court is the parties' Stipulation of Dismissal With Prejudice, filed February 27, 2020, in which the parties jointly agree to dismiss all claims against Defendants with prejudice, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), with each party to bear its own costs. Doc. 14. The Rules of Civil Procedure permit a plaintiff to voluntarily dismiss the action without an order of the court "by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment" or "a stipulation signed by all parties who have appeared." FED. R. CIV. P. 41(a)(1)(A).

Here, the joint stipulation is signed by both sides. Consequently, by operation of Fed. R. Civ. P. 41(a)(1)(A)(ii), this action has been dismissed in accordance with the joint notice. Therefore, the claims in this case are dismissed with prejudice with each party to bear their own attorneys' fees and costs.

The Clerk of the Court is DIRECTED to close this case.

DONE and ORDERED.

Source:  Leagle

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